Defendant, three (3) witnesses were called and it tendered 18 Exhibits
and closed its case.
1st and 2nd Defendants with the leave of Court filed their written addresses
which were adopted on the 15/05/2017 while Plaintiff filed his written
address on the 03/05/2017 and adopted same on the 15/05/2017. Also in
response to Plaintiff’s address, the 2nd Defendant filed a reply on point of
law.
The case of the Plaintiff is that he paid the sum of N29, 400,000.00k
(Twenty Nine Million, Four Hundred Thousand Naira) to the 1st Defendant
via its First Inland Bank Plc Account No. 236435081101.
The payment was in respect of four (4) shops at the EFAB Shopping Mail,
Garki Abuja owned by the 1st Defendant, the sum paid was
part –
payment leaving a balance of N600,000.00k (Six Hundred Thousand
Naira) which the Plaintiff was required to pay upon the 1st Defendant
completing the shop and handing over same to him.
The 1st Defendant did completed the shops but handed over the shops
to the 2nd Defendant and despite repeated demands from the Plaintiff,
the 1st Defendant has refused and or neglected to give him the shops or
refund the money he paid.
On the part of the 1st Defendant its case is that sometime in December
2007 one Mr. C. F. Attang approached it on behalf of the 2nd Defendant
and paid for six (6) shops in installment at its EFAB Shopping Mall then still
under construction. The payments were made in installment as earlier
said, and the final payment of which was made on 8/7/2008. And the 1st
Defendant issued the 2nd Defendant the receipt of payment in its name.
That upon the completion of the shops the 1st Defendant handed over
the shops to the 2nd Defendant.
According to the 1st Defendant, the Plaintiff it was who brought the bank
teller used by the 2nd Defendant to pay for the shops and the receipts
2